December 2025 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for WARREN County, Thomas P. Murphy, Judge.  AFFIRMED.  Heard at oral argument by Schumacher, P.J., and Badding and Langholz, JJ.  Opinion by Badding, J.  (15 pages)

            Breack Bradford appeals his conviction for second-degree sexual abuse.  He challenges (1) the sufficiency of the evidence supporting his conviction, (2) the constitutionality of Iowa Code section 622.31B (Supp. 2022), which permitted the admission of a child protective worker’s testimony regarding the child victim’s out-of-court statements, and (3) the district court’s decision to exclude him from the courtroom during the child’s testimony under Iowa Code section 915.38.  OPINION HOLDS: We affirm Bradford’s conviction for second-degree sexual abuse, finding substantial evidence supported the jury’s guilty verdict.  We reject Bradford’s constitutional challenge to section 622.31B, finding that the State satisfied the statute’s reliability requirement.  The court also finds that the State met both the statutory and constitutional requirements, allowing the minor victim to testify outside Bradford’s presence.

            Appeal from the Iowa District Court for Polk County, Karen A. Romano, Judge.  APPEAL DISMISSED.  Considered without oral argument by Tabor, C.J., Ahlers, J., and Vogel, S.J.  Opinion by Ahlers, J.  (4 pages)

            James Young appeals the district court’s issuance of a protective order against him pursuant to Iowa Code chapter 236 (2024).  OPINION HOLDS: Because the protective order has since expired and no exceptions to the mootness doctrine apply, we dismiss the appeal as moot.

            Certiorari to the Iowa District Court for Black Hawk County, Joel Dalrymple, Judge.  WRIT ANNULLED.  Considered without oral argument by Ahlers, P.J., and Langholz and Sandy, JJ.  Buller, J., takes no part.  Opinion by Langholz, J.  (13 pages)

            Robert Swanson challenges the district court’s order continuing his commitment as a sexually violent predator.  He argues that the State failed to meet its burden to prove beyond a reasonable doubt that he continues to suffer from a mental abnormality and that he remains likely to commit a sexually violent offense if discharged.  OPINION HOLDS: Swanson’s challenge must be brought as a petition for a writ of certiorari rather than as an appeal.  Substantial evidence supports the district court’s finding that the State proved beyond a reasonable doubt that Swanson still suffers from a mental abnormality—antisocial personality disorder—and that he remains likely to commit a sexually violent offense if discharged.  We thus annul the writ of certiorari.    

            Appeal from the Iowa District Court for Linn County, Shawn McPartland, Judge.  AFFIRMED.  Considered without oral argument by Badding, P.J., Buller, J., and Doyle, S.J.  Opinion by Doyle, S.J.  (9 pages)

            George Deason appeals his conviction and sentence for second-degree murder.  OPINION HOLDS: I. Substantial evidence shows that Deason’s act of assaulting his mother resulted in her death and that he acted with malice aforethought.  II. Even if we exclude the evidence Deason challenges on appeal, there is sufficient evidence showing Deason acted with malice aforethought.

            Appeal from the Iowa District Court for Cerro Gordo County, Blake H. Norman, Judge.  APPEAL DISMISSED.  Considered without oral argument by Tabor, C.J., and Ahlers and Langholz, JJ.  Opinion by Ahlers, J.  (5 pages)

            Herbert Aragon Nunez appeals the district court’s issuance of a protective order against him pursuant to Iowa Code chapter 236 (2024).  OPINION HOLDS: Because the protective order has since expired and no exceptions to the mootness doctrine apply, we dismiss the appeal as moot.

            Appeal from the Iowa District Court for Linn County, Jason D. Besler, Judge.  AFFIRMED.  Considered without oral argument by Greer, P.J., and Schumacher and Ahlers, JJ.  Opinion by Schumacher, J. (11 pages)

            A criminal defendant appeals his convictions for voluntary manslaughter and disorderly conduct, asserting justification, arguing his usage of a racial epithet was not likely to provoke violence.  OPINION HOLDS: We affirm.

            Appeal from the Iowa District Court for Polk County, Paul D. Scott, Judge.  AFFIRMED.  Considered without oral argument by Tabor, C.J., and Ahlers and Langholz, JJ.  Opinion by Langholz, J.  (5 pages)

            Jason Lathrop appeals the dismissal of his December 2023 negligence suit against MidAmerican Energy Company arising from an incident that occurred in February 1984.  He argues that the district court erred in dismissing the suit based on the statute of limitations and the statute of repose for actions arising from improvements to real property.  OPINION HOLDS: When a court rules on alternative independent grounds, an appellant must successfully challenge both grounds to reverse the ruling.  And even assuming Lathrop preserved his claim of error on the statute-of-limitations ground, he did not make any argument against applying the statute of repose.  So any challenge to dismissal based on the statute of repose is not preserved for our review.  We thus affirm the court’s dismissal based on that ground without considering its merits.

            Appeal from the Iowa District Court for Polk County, Scott J. Beattie, Judge.  AFFIRMED AS MODIFIED AND REMANDED WITH INSTRUCTIONS.  Considered without oral argument by Schumacher, P.J., and Buller and Sandy, JJ.  Opinion by Sandy, J.  (15 pages)

            Chad Stocker appeals the decree dissolving his marriage with Rosa Stocker.  Chad argues the district court erred in its property distribution of a business entity, using the wrong date as the date of retirement account valuation, failing to apply an income equalization pursuant to the temporary matters stipulation, failing to order Rosa to amend 2023 income tax returns, and failing to equitably distribute certain assets and liabilities.  Both parties request appellate attorney fees.  OPINION HOLDS: We modify the decree by applying a 2022 income equalization and assessing additional income to Rosa for the year 2023.  We affirm in all other respects, remand to the district court for entry of an order consistent with this opinion, and decline to award either party appellate attorney fees, and order each party to equally share appellate costs. 

            Appeal from the Iowa District Court for Polk County, Ashley Stewart, Judge.  AFFIRMED.  Considered without oral argument by Schumacher, P.J., Chicchelly, J., and Vogel, S.J.  Opinion by Vogel, S.J.  (3 pages)

            Jacob Archer appeals his sentence for operating while intoxicated, third offense, arguing the district court improperly considered unproven conduct.  OPINION HOLDS: Because Archer pleaded guilty to the Guthrie County operating-while-intoxicated offense and never objected to its consideration during the sentencing hearing, the district court did not abuse its discretion in considering the offense when crafting Archer’s sentence.

            Appeal from the Iowa District Court for Polk County, Paul D. Scott, Judge.  REVERSED AND REMANDED.  Heard at oral argument by Greer, P.J., and Schumacher and Ahlers, JJ.  Opinion by Ahlers, J.  (10 pages)

            The State appeals the district court’s ruling that Courtney Chestnut is no longer required to register as a sex offender following his delinquency adjudication for a sex offense because the extension of Chestnut’s registration requirement violated the ex post facto clauses of the state and federal constitutions.  OPINION HOLDS: We reverse and remand because Chestnut’s original registration requirement was not punitive and was extended due to convictions for subsequent registration violations that Chestnut committed as an adult; therefore, neither his original registration requirement nor the extension of his registration requirement violated ex post facto provisions of either constitution.

            Appeal from the Iowa District Court for Woodbury County, Roger L. Sailer, Judge.  AFFIRMED AS MODIFIED AND REMANDED.  Considered without oral argument by Tabor, C.J., and Ahlers and Langholz, JJ.  Opinion by Langholz, J.  (10 pages)

            Jason Johnson appeals the physical-care and spousal-support provisions of the decree dissolving his marriage to Bambi Johnson.  OPINION HOLDS: After carefully reviewing the record, we believe the parties’ children are best served in Jason’s physical care.  Although we agree with much of the district court’s appraisal of Jason and recognize the difficult task of choosing between two imperfect options, we are troubled by Bambi’s behavior leading up to the dissolution trial.  Given her lack of accountability for methamphetamine use, her damaging behavior toward her daughter, her efforts to undermine the children’s relationship with Jason, and the daughter’s good progress while in Jason’s physical care, we believe placement with Jason furthers the children’s best interests.  As for spousal support, we find the award equitable and reasonably tailored to enable Bambi to reenter the workforce and increase her earning capacity.  We thus affirm the spousal-support award, modify physical care, and remand to establish Bambi’s visitation and child-support obligation.

            Appeal from the Iowa District Court for Linn County, Justin Lightfoot, Judge.  AFFIRMED.  Considered without oral argument by Schumacher, P.J., and Badding and Langholz, JJ.  Opinion by Badding, J.  (5 pages)

            On appeal from his convictions for a shooting at an apartment complex, Dewayne Hunt challenges a jury instruction that permitted the jury to infer an intent to kill from his use of a dangerous weapon.  OPINION HOLDS: The jury instruction was supported by substantial evidence.  And even if it wasn’t, Hunt cannot show any resulting prejudice.  Accordingly, we reject Hunt’s claim of instructional error and affirm his convictions.